Just and Unjust Warriors: The Moral and Legal Status of Soldiers

Paperback | September 15, 2010

EditorDavid Rodin, Henry Shue

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Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pitsa widely shared and legally entrenched principle of war-that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that is just or unjust-against a set of striking new arguments. These arguments challenge the idea that there is a separationbetween the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war wouldhave to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes ofaggression, about the nature and justifi ability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life.This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

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Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pitsa widely shared and legally entrenched prin...

David Rodin is Research Fellow in Philosophy at the Changing Character of War Program, University of Oxford, and Senior Research Fellow at the Centre for Applied Philosophy and Public Ethics, the Australian National University. His research covers a wide range of topics in moral philosophy including the ethics of war and conflict, bus...

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Format:PaperbackDimensions:272 pages, 9.21 × 6.14 × 0.07 inPublished:September 15, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019959323X

ISBN - 13:9780199593231

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Table of Contents

1. David Rodin and Henry Shue: Introduction2. Jeff McMahan: The Morality of War and the Law of War3. David Rodin: The Moral Inequality of Soldiers: Why Jus in Bello Asymmetry is Half Right4. Christopher Kutz: Fearful Symmetry5. Henry Shue: Do We Need a "Morality of War"?6. Judith Lichtenberg: How to Judge Soldiers Whose Cause in Unjust7. Cheyney Ryan: Moral equality, victimhood and the sovereignty symmetry problem8. Tony Coady: The Status of Combatants9. Anthony Coates: Is the Independent Application of Jus in Bello the way to Limit War?10. Gregory Reichberg: Just War and Regular War: Competing Paradigms11. Dan Zupan: A Presumption of the Moral Equality of Combatants: a Citizen Soldier' Perspective12. Adam Roberts: The Principle of Equal Application of the Laws of War